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Express warranties are promises and statements made by a seller or manufacturer about a product or its performance. These promises and statements can be made verbally, in advertising or in writing.
Express warranties are defined broadly to include:
They must be able to be reasonably interpreted by a consumer as a promise relating to the product’s:
To qualify as an express warranty, the promise must also be something that would induce a reasonable person to buy the product. You do not have to show that you actually relied on the promise. However, statements like "best on the market" or a "marvellous bargain" may not be considered express warranties. This is because it must be a promise that would convince a reasonable person to buy the product.
When an express warranty is made, the product must live up to the promises made by the seller or manufacturer.
A verbal promise by a salesperson can be binding even if it conflicts with a written contract. Of course, it is best to get all the promises about the product or its performance in writing. At the very least, you should have someone with you as a witness. This helps prove to the business or to a court, if necessary, the promises that were made.
Most of us are used to extravagant claims made in advertisements or found on the label or packaging of a product. Most of the time, we do not give them much thought. As such, they are often not something that could be said to have convinced a reasonable person to buy the product. In some cases, however, these can be considered express warranties if they meet the definition discussed above.
In the case of promises in advertisements, you may not always be able to make a claim against the retail seller. A retail seller must live up to an express warranty on the label or package of the product unless they make it clear that they do not adopt those statements. A retail seller does not have to stand by promises in advertisements by the manufacturer unless they adopt these promises. In this case, you would have to make your complaint to the manufacturer.
The same remedies that apply to statutory warranties also apply to express warranties.
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